Impairment in moral reasoning and criminal culpability : offenders with autism spectrum disorder and offenders with psychopathy

Psychopathy and Autism Spectrum Disorder (ASD) are developmental disorders characterized by early-onset neural deficits and impairments in affect processing. Deficits in empathy and affect processing can result in impaired ability to reason morally. These findings raise crucial moral, legal, and practical issues concerning the degree of criminal culpability that should be borne by offenders with these disorders. Under the principle of proportionality and in keeping with the central values codified in the Canadian Criminal Code, this paper argues for assigning limited criminal culpability or not criminally responsible on account of mental disorder (NCRMD) designations to offenders with ASD or psychopathy. However, at the same time, the state should have the right to take measures to isolate offenders who pose a significant threat to our society, provided that the measures only restrict offenders? liberty when necessary and provide humane treatment instead of being punitive and furthering the stigmatization of psychological disorders.